A. As it is known the European Union is a unique system that we never seen before, the European union based on many principle such as, free movement of goods, establishment, services, and workers and we can consider it a new legal order for three main reasons:
- First of all the authority of the European Union law is independent form the states law, and individuals can appeal it.
- Second, It’s a supranational origination setting above the states. The European Union has its own legal system, which becomes an permeable part of the legal system of the member states, and the court must apply the European Union law above the state law, when they conflict, European Union takes precedent over national law.
-Finally, according to article 47 of the Treaty on European Union, the EU can join to international treaties since it is has its own legal personality.
B. One of the significant authorities for the parliament is the legislation; the European parliament cannot precede legislation by itself. It is only have the right to legislate with the Council also, it can submit a proposal to the Commission to legislate according to Article 225 of the TEFU, and if the Commission didn’t submit a proposal, it should inform the parliament of the reason. Accordingly، we cannot consider the European parliament a real parliament, since it doesn’t have the right to legislate by itself.
C. First of all, I need to elucidate what direct effect does mean. Direct effect is a legal doctrine formed by the ECJ. It applies on those aspects of European Union law that are enforceable directly by Union citizens to their own Member state; nevertheless the Member State has initiated certain national laws to execute the provisions. It may apply regards directives, dec...
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...of unknown consequences of certain kinds of medicines and we can not consider it a discrimination because non-nationals pharmacies can operate them. The court saw that this rule is proportionate and rationalized to protect the public health since medicines are different form other goods.
F. The Keck doctrine means that the state has the right to enact a law to control the selling arrangements with taking into account non-discrimination policy among local and foreign goods. Otherwise, it will consider as a violation of the free movement of goods. In Keck & Mithouard case in 1991 the European court of justice states for the first time that the rule of prohibition reselling goods using a price less than the market price fall under the state’s selling arrangements, and this arrangement won’t hinder the free movement of goods and it was imposed without discrimination.
The ECJ can only give rulings on the interpretation of the Treaties and validity of secondary EU legislation, under Article 267 TFEU.
Working unitedly is a basic thing to do if you have one to 10 people, but with almost a whole country working as a union is a significant and a spontaneous deal. Which Union am I talking about? The European Union, of course! This Union holds virtually all of the European Countries with 28 countries. Unfortunately, some countries never did join because of losing sovereignty.
There are a number of methods EU legislation is formed for instance regulations, directives and decisions are three different types of EU legislation. I am going to briefly explain these three as the way they will be enforced are different.
This means that (a) historically the courts have had no power to veto legislation, and (b) no Parliament is bound in perpetuity by existing laws, including our treaties with the EU. Under the Human Rights Act, there are some powers for the courts to strike down some legislation that is incompatible with these rights, however, only Parliament itself can change p...
Some reason some countries might want to join the EU are for trade acts, since that can easily increase the economy of the country and other things such as peace treaties so the country doesn't have to live in fear of being taken over easily by its enemies.
When analysts criticise the lack of democratic legitimacy in the EU they generally point to the mode of political representation and the nature of policy outputs. Only one branch of the EU is directly elected is the European Parliament. Though stronger than it once was, the EP remains is actually only one of four major actors in the EU policy-making process. The EP is a body without power or accountability, and easily dismissed just as a ‘talking shop’ (Colin Pilkington.) Only 75% of its amendments are accepted by the Commission and the Council of Ministers.
This means that medicines are ambiguous resulting in complex health policy. This leaves the citizens of US in dark due to increasing high cost and unknown of the pricing schedules. This leaves US in high percentage of increasing frauds daily. Citizens do not know what exactly is the cost of procedures; medicines and treatments, what the physician and the pharmacist ask they pay just to secure their life. This in return makes the chances of fraud type vulnerable act increased. On the other hand, patient trust on the doctor’s for the payment and is not even aware where the money is been used. This also increases the chance of fraud in US(Fisher,
Tiilikainen, T. 2011. The empowered European Parliament: Accommodation to the new functions provided by the Lisbon Treaty. The Finnish Institute of International Affairs.
The European Union (EU), since the initial foundation in 1952 as the European Coal and Steel Community (ECSC) and throughout periods of development, has been considered one of the most advanced forms of regional integration. It, based on numerous treaties and resolutions, has strived to promote values such as peace, cooperation or democracy, and in 2012 was awarded the Nobel Peace Prize for having “contributed to the advancement of peace and reconciliation, democracy and human rights in Europe” (Nobel Media AB, 2012). Despite its struggle for promoting democracy, the EU itself has long experienced scholarly criticisms that it suffers the democratic deficit, from which its democratic legitimacy is undermined by observable problems in political accountability and participation. As the importance of legitimacy in a democratically representative institution is hardly debatable, the criticism of whether and why the EU lacks democracy has been given a considerable gravity in academia.
The EU is a union of sovereign European states who share sovereignty based on treaty. The union also possesses competences in policy sectors with exclusive jurisdiction in the area of Economic and Monetary Union while others are shared with Member States (MS), the other powers belong to MS as derived from the conferral of powers art 5(2) TEU, 2(1) TFEU art.3 & 4 TFEU additionally other powers have been offered by the decisions of the European Court for direct effect on citizens
Which EU institution is the most powerful? The European Union (EU) is currently made up of 25 countries, known as Member States, which together form the largest voluntary and peaceful block of countries in the world. Many people mistakenly view the European Union as a single body whilst in fact; the EU consists of a number of different institutions that together carry out activities on behalf of the Member States. There are many institutions but the main five being the Commission, the Council of Ministers (also called the Council of the European Union), the European Council and the European Parliament and the European Court of Justice. In this essay I am going to focus on these institutions and discuss which is to be considered more powerful.
As Craig and De Burca state, 'at the time of the Lisbon Treaty, however, the UK and Poland negotiated a protocol which purports to limit the impact of the Charter in those states.’ . The UK first expressed a desire under protocol 7 which exempts them from being legally bound by the rights outlined in the Charter, they were quickly followed by Poland who also expressed a wish to join protocol 7. The protocol contained two articles which stated that ' The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms ' and ' To the extent that a provision of the Charter refers to national laws and principles, it shall only apply to Poland or the United Kingdom to the extent that the rights or principle that it contains are recognized in the law or practices of Poland or of the United Kingdom. ' However, many argue that regardless of what is outlined in the two articles there is still the question of whether or not the protocol has anything more than declaratory effect. As Craig and de Burca state, 'Article 1 declares that it 'does not extend ' the ability of the CJEU to review national measures for the compatibility of fundamental rights. ' however, we already know that in many cases the Charter influenced judgments of the CJEU before it was made legally
“From time to time it is worth reminding ourselves why twenty-seven European nation states have come together voluntarily to form the partnership that is the European Union.” 1
The story of Europe is a story that is worth telling for the simple fact that without the background of Europe, people will not understand the complexities in the creation of the Europe of yesterday and creation of the Europe today. This rich history cannot be ignored because of the close ties to the creation of the nations and the supranational institutions that have become the European Union and its trade partners. Without the background on the history of Europe the creation of this larger organization or supranational organization would be nearly impossible to understand the complexities of the current political, social and economic qualities within the EU. The history of a country, state or organization also helps us to understand the some aspects of the future of the EU.
European Union law a part of the UK system. Due to this new Community law introduction, it can be